TERMS AND CONDITION OF USE
These Terms and Conditions (hereinafter referred to as “Terms”) for use of Nimbuspost which includes Website, Digital applications including but not limited to Mobile Applications (hereinafter referred to as “Platform”) was last updated as on 08th January, 2021. This Terms are effective as of 01st January, 2020.
These Terms constitute an electronic record in terms of Information Technology Act, 2000 including all its amendments and rules made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These Terms are legally binding document between Nimbuspost Solutions Private Limited, Brand Name “Nimbuspost” (hereinafter referred to as “us”, “we”, or “Company” or “Nimbuspost”) and the users (hereinafter referred to “You” /”Your” / “Yourself”/ “Merchant”). These terms will be effective upon your acceptance of the same from your designated electronic mail address or in any other form of electronic record including, if applicable or provided, clicking on the check box of “I Agree” / “Accept” button or by any other means which construe your acceptance of these Terms.
Nimbuspost is the Brand Name of M/s. Nimbuspost Private Limited, which is incorporated as a Private Limited Company under The Companies Act, 2013 and having registered office at C-586 First Floor, Front Side Flat No. 6, Paryavaran Complex New Delhi- 110030, India. The Platform is owned, registered and operated by the Company.
1. Nimbuspost is a technology based aggregator platform between the users/merchant and the courier partners. The Platform provides an efficient automated shipping panel services integrated with all its the courier partners.
2. Nimbuspost has no direct roles and responsibilities in the actual delivery and shipment of the product and it acts as an aggregator between the courier partners and the Customers.
3. These Terms shall apply to all Users of Nimbuspost. Nimbuspost Platform includes the website, digital applications including but not limited to Mobile Applications, Merchant panel which includes but is not limited to products, software and service offered via the Platform.
4. The Platform may contain a video clips, audio clips in any other form uploaded by the registered user/Courier partner of the Platform. Such content uploaded shall hereinafter be referred to as “Third Party Content”. You agree and acknowledge that Nimbuspost has no control over and assumes no responsibility for Third Party Content and by using the Nimbuspost, you expressly relieve Nimbuspost from any and all liability arising from Third Party Content.
5. You further understand that the Services provided are at your own risk. The Platofme provides services on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
6. The Platform does not warrant that the service will be uninterrupted, timely, secure, or error-free.
7. You further understand and acknowledge that you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Nimbuspost with respect thereto, and, to the extent permitted by applicable law, you agree to indemnify and hold harmless Nimbuspost, its directors, owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Nimbuspost. The terms of this provision will survive any termination or cancellation of these Terms or your use of the Services.
8. The Platform may include other sites link which are not verified by Nimbuspost and inclusion of any link does not imply our endorsement and usage/ access of/ to any such linked website is at the user’s own risk. Thereby, every User agrees and acknowledges that accessing third party websites through links provided on the Platform will solely be at the Users discretion
9. The Platform may run promotional campaign and advertisements of third parties from time to time. Your relationships and business dealings with any such third parties shall be solely matters between you and such third parties
10. You acknowledge and agree that Nimbuspost shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealings with such third parties.
TERMS SUBJECT TO CHANGE
Nimbuspost reserves the right to update or modify these Terms or any other any aspect or feature provided by the Platform including, but not limited to, the Content, hours of availability and equipment needed for access or use from time to time without any prior notice. Your access of the Website and use of the Services following any such change constitutes your agreement to follow and be bound by these Terms, as updated or modified. For this reason, we encourage you to review these Terms or any other aspects and features each time you access and use the Services.
1. You represent and warrant that you are above 18 years of Age and competent to enter into a legally binding agreement and to be bound by these Terms. You shall not access and use the Services if you are not competent to contract under the applicable laws, rules and regulations.
2. If you represent a Corporate Entity i.e. Company, Partnership Firm etc., you expressly confirm that you are duly authorized on behalf of the entity to enter into the Agreement, access the Services and avail of the features and facilities.
OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
1. All Text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of the Platform constitute Nimbuspost and its partners’ intellectual property.
2. By using the Portal, you acknowledge that these data are protected by copyright, trademarks, database rights and other intellectual property rights and are owned by Nimbuspost. Nothing on this site shall be construed as granting, by implication or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without prior written permission of Nimbuspost.
3. Nimbuspost is the sole owners of the underlying software and source code associated with the Services and all the trademarks, copyright and any other intellectual property rights of any nature in the Services. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Nimbuspost.
1. You are required to create an account (“Account”) on the Platform to have access to the Services.
2. You are required to enter correct details on the Platform and ensure that the details are true and complete including your full legal name, residential and corporate address, email address, and any other information needed in order to complete the registration process.
3. You are responsible for maintaining the confidentiality of your login credentials and your Account which is provided to you on successful registration with Nimbuspost and you are fully responsible for all activities that occur under your Account and password.
4. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
5. You may cancel your registration at any time by informing us by email or at the communication address provided in these terms.
6. You must ensure not to transmit any viruses or any code of a destructive nature on the Platform.
7. You are requested to inform Nimbuspost if you wish to remove your details from our records, immediately upon receiving your written request to that effect Nimbuspost shall delete all such information.
1. Nimbuspost provides with different payment terms and options. Depending on the payment term decided with Nimbuspost the merchant has to pay on the pre-decided monthly, quarterly, half yearly, yearly or any other term as may be mutually decided.
2. All the fees are to be paid to Nimbuspost within Five (5) days of the date of invoice. Any late payment will bear additional interest.
3. All fees are exclusive of all state and central taxes including goods and service tax or other taxes, fees or charges now in force or enacted in the future.
4. You may set up a direct debit facility however Nimbuspost will not debit your Account till the date of expiration of your subscription account.
5. The Fees/Prices for the service are subject to change upon Seven days advance Notice from Nimbuspost.
6. Any Grievances concerning invoices must be made in writing within Fifteen (15) days from the date of the invoice.
7. Invoices will be sent by electronic via Email and Application unless requested otherwise by Customer.
ASSIGNMENT OF RIGHTS
You shall not assign or transfer any rights, obligations, or privileges that you have under these Terms without the prior written consent of Nimbuspost. Subject to the foregoing, these Terms will be binding on your legal heirs, successors and permitted assignees. Any assignment or transfer in violation of this clause will be deemed null and void. Nimbuspost may transfer rights under the Terms to any third parties without the requirement of intimating you or seeking your consent.
USER DISCRETION AND OPT OUT
You agree and acknowledge that you will adhere to the Terms out of your free will. You have an option not to accept the Terms or later on withdraw your consent so provided herein by sending an email to the grievance officer at or such other electronic address as may be notified to You. The Company may deny you access from using certain services offered on the Platform.
TERMINATION & CANCELLATION
Please read the subscription terms and conditions carefully before subscribing to any of the subscription plans, as once you have subscribed you cannot change, cancel your subscription plan. Once you subscribe and make the required payment, it shall be final and there cannot be any changes or modifications to the same and neither will there be any refund.
1. You agree and undertake that you will not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any items, which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force or which is prohibited in future by any regulatory authority.
2. You further agree and undertake that you should not deal in restricted products including Securities, Living and dead animals or any part thereof of the animals including Skin, Tusk, Nails, Feathers, Eggs and other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws.
3. You further agree and undertake that you should not deal in Foodstuff, Liquor, tobacco products, any kind of drugs, narcotics, intoxicants of any description, medicines, palliative/curative substances.
4. You further agree and undertake that you should not deal Firearms, explosives and military equipment, Hazardous and radioactive material, any pornographic material, Hazardous chemical item, Flammable adhesives, any compound, liquid or gas that has toxic characteristics upon spillage or leakage etc.
5. You further agree and undertake that you should not deal in other products trading or selling which is prohibited under any law in force.
You will not without obtaining prior written consent of Nimbuspost, disclose any information provided to you including the User list, customers list, name and addresses, ideas, business model, processes, concepts etc. relating to Nimbuspost or the Platform to any third party Confidential Information that is disclosed to you during the term of your use of the Platform.
You acknowledge and agree that the Confidential Information so provided to you shall at all times be the property of Nimbuspost and any breach of the same shall cause irreparable damage to Nimbuspost.
1. To the best knowledge of Nimbuspost, the Platform do not contain any malicious code, Virus, program, or any other codes which could damage, destroy, or alter the Application, or which could reveal, damage, destroy, or alter any data or other information accessed through or processed by the Application in any manner.
2. Nimbuspost provides all the services in a professional and diligent manner. The Services and the functions and feature of the Platform are provided on an “as is” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
3. Nimbuspost neither warrants or represents that the software or services will be uninterrupted, error-free, or secure. You acknowledges that there are risks inherent in internet connectivity that could result in the loss of your privacy, data, confidential information, and property.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THE SERVICES, FUNCTIONS AND FEATURES OR FOR INTERRUPTIONS, DELAY, ETC., EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF DAMAGES RESULTING FROM THE COST OF GETTING SUBSTITUTE FACILITIES ON THE SERVICES, ANY SERVICESS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE FUNCTIONS AND FEATURES, HETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THIS CLAUSE SHALL SURVIVE IN PERPETUITY.
You hereby further acknowledge and agree that the Terms are clear and easily accessible and provide statements of the Company policies and practices with respective to the use to access of the services provided through its Platform.
If any provision of this Terms shall be found by the Government or administrative body of competent jurisdiction to be invalid or unenforceable it shall be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect and the remaining provisions of the Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
Nimbuspost shall not be liable for failing to perform, or delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by an event substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental authority in its sovereign or contractual capacity (including but not limited to declaration of lockdown), war, terrorism, floods, fire, strikes, epidemics, pandemics, civil unrest or riots, and/or power outage or grid failure.
GOVERNING LAW AND JURISDICTION
In the event of any dispute arising between the parties with respect to this Policy, the same shall be referred to the sole arbitrator and the arbitration shall be in accordance with Arbitration and Conciliation Act of 1996. The seat and place of arbitration shall be New Delhi, India and the decision of the Arbitrator shall be final and binding on both parties herein. The language of arbitration proceeding shall be English.
This Agreement shall be subject to the exclusive jurisdiction of courts in New Delhi, India and shall be governed by the Indian laws.
For any Grievance you may contact the Grievances Officer, who shall undertake all reasonable efforts to address your grievances at the earliest possible opportunity.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Grievance Officer: Mr. Vikalp Sharma
Email Id: Vikalps@nimbuspost.com
Address: – LG006, Spring House Grand mall,
Dec-28 Gurugram- 122001