TERMS AND CONDITION OF USE
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.
GENERAL & DEFINITIONS
Nimbuspost UK LTD is a company registered in England and Wales and having registered office Unit 6 Drummonds Place, St. Margaret, Twickenham, TW1 1JN. The Platform is owned, registered and operated by the Company.
All articles carried or transported and other services performed by us are subject to these conditions and we reserve the right to refuse the carriage or transport of goods/articles at our absolute discretion.
“Courier partner” shall refer to DHL, FedEx, DTDC , Agility, Asendia, City Sprint, DPD and any other carrier we may use from time to time.
“Goods” or “Consignment” means the entire contents of a box, parcel, package, carton, or similar container and any other object or thing that is moved, handled, or stored by us.
- Nimbuspost UK is a technology-based aggregator platform between the users/merchant and the Carrier/courier partners. The Platform provides an efficient automated shipping panel services integrated with all its the courier partners/Carriers.
- Nimbuspost UK 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/Carriers and the users/merchant.
- These Terms shall apply to all Users of Nimbuspost UK.
- Nimbuspost UK Platform includes its website, digital applications and the Merchant panel.
- You further understand that the Services provided are at your own risk. The Platform provides services on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
- The Platform does not warrant that the service will be uninterrupted, timely, secure, or error-free.
- The Platform may include other sites link which are not verified by Nimbuspost UK 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 of the Platform agrees and acknowledges that accessing third party websites through links or pop up provided on the Platform will solely be the discretion of the user.
- 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
- You acknowledge and agree that Nimbuspost UK 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 UK 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 suggest you to review these Terms or any other aspects and features each time you access and use the Services of Nimbuspost UK.
- 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 the Platform and use the Services of Nimbuspost UK if you are not competent to contract under the applicable laws, rules and regulations.
- If you represent a Corporate Entity i.e. LLC, 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
- 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 UK and its partners’ intellectual property.
- 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 UK. 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 UK.
- Nimbuspost UK 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 UK.
- You are required to create an account (“Account”) on the Platform to have access to the Services.
- 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.
- You are responsible for maintaining the confidentiality of your login credentials and your Account which is provided to you on successful registration with Nimbuspost UK and also you are fully responsible for all activities that occur through your account.
- 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.
- You may cancel your registration at any time by informing us by email or at the communication address provided in these terms.
- You must ensure not to transmit any viruses or any code of a destructive nature on the Platform.
- You are requested to inform Nimbuspost UK if you wish to remove your details from our records, immediately upon receiving your written request to that effect Nimbuspost UK shall delete all such information.
CARRYING YOUR GOODS
We accept the goods subject to the following conditions:
- The goods comply with the requirements all applicable law and regulation to the nature, condition and packaging of goods and any expenses and charges incurred by us in complying with the provisions of any such applicable law or with any order or requirement there under or with the requirement of any authority or other party shall be paid by you.
- The description of the goods provided is correct and accurate including but not limited to the weight, a full and accurate name and address of the receiver including the postcode, a mobile telephone number, email address and a day time landline telephone number. If you fail to provide all such necessary data required, then the carrier shall be entitled to refuse to carry the consignment and then we will charge you accordingly for the cost or expense incurred for returning the consignment to the collection address.
- The duly packaged consignment shall be handed over to the courier partner by the Merchant or the consignee in a tamper proof packing, along with the aforementioned details on the packaging.
- You agrees and acknowledges that it shall be your responsible for paying all duties, taxes, any other charge/levy that may be levied on consignment under Applicable Law.
- You agree that the pickup service shall be provided only from single registered pick up of location of the Merchant.
- You shall raise any dispute regarding damage/non-receipt /fake delivery etc. within 2 working days from the receipt/delivery of the consignment. We shall not entertain after 2 working days of receipt/delivery of the consignment.
- The company disclaims all liability for and consequential loss arising from, or in connection with, the services supplied by the Company and it’s agents. For the purpose of this Agreement, “Consequential loss” shall include, but not be limited to (i) Pure economic loss (ii) Loss of profits (iii) Loss of reputation and goodwill (iv) Loss of revenue (v) Losses incurred by any third party (vi) Loss of opportunity (vii) Loss of work.
PACKAGING OF GOODS
- You shall be solely responsible to ensure that the packaging of the Product(s) is safe, proper and adequate to withstand the normal transportation and environmental hazards and in compliance with Applicable Laws and requirements communicated by the Company or Logistics Partner. Any liability arising from failure to comply with this Clause will be solely of the User.
- We will not be responsible for any in case of any damage/ pilferage /alteration etc. of the goods/consignments
- You should be responsible to properly paste and insert the invoice in and around the package.
span style=”font-weight: 400;”>We shall have a general lien on the goods, any documents relating to the goods and on any other of your goods in our possession for all charges and other amounts payable by you to us and for that purpose we may sell all or any of your goods in our possession without notice to you and apply the proceeds in or towards the discharge of the lien obligation together with all charges and expenses incurred for detention or retention the costs of sale without liability to any person whatsoever and without prejudice to our rights to otherwise recover the charges and other amounts payable to us in respect of the carriage of the goods. We will render the surplus from the sale to the party entitled to the money if any.
- Nimbuspost UK provides with different payment terms and options. Depending on the payment term decided with Nimbuspost UK, You have to pay on the pre-decided monthly, quarterly, half yearly, yearly or any other term as may be mutually decided.
- All the fees are to be paid to Nimbuspost UK within Five (5) days of the date of invoice. Any late payment will bear additional interest.
- All fees are exclusive of all taxes including VAT, GST or other taxes, fees or charges now in force or enacted in the future.
- You may set up a direct debit facility however Nimbuspost UK will not debit your Account till the date of expiration of your subscription account.
- The Fees/Prices for the service are subject to change upon Seven days advance Notice from Nimbuspost UK.
- Any Grievances concerning invoices must be made in writing within Fifteen (15) days from the date of the invoice.
- 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 UK. 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 UK 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 refund policy along with 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.
- 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.
- 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.
- 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.
- 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.
- 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 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 UK with respect thereto, and, to the extent permitted by applicable law, you agree to indemnify and hold harmless Nimbuspost UK 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 UK. The terms of this provision will survive any termination or cancellation of these Terms or your use of the Services.
- You further agree that if any legislation including any regulations and directives, is applicable to any business undertaken, these conditions shall, as regards such business, be read as subject to such legislation, and nothing in these conditions shall be construed as a surrender by the Company of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation, and if any part of these conditions be repugnant to such legislation to any extent, such part shall as regards such business be overridden to that extent and no further.
You will not without obtaining prior written consent of Nimbuspost UK, disclose any information provided to you including the User list, customers list, name and addresses, ideas, business model, processes, concepts etc. relating to Nimbuspost UK 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 UK and any breach of the same shall cause irreparable damage to Nimbuspost UK.
The Merchant understands, agrees and acknowledges that Nimbuspost UK through its logistics partners is a mere Bailee of the Products, cash and is not an insurer of the same. The Merchant hereby expressly and specifically waives all its rights and claims against Nimbuspost UK and its logistics partners arising out of or in relation to the principles of insurance.
The Merchant clearly understands, Nimbuspost UK do not insure the Goods, nor can arrange for insurance of the goods.
- To the best knowledge of Nimbuspost UK, 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.
- Nimbuspost UK 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.
- Nimbuspost UK 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 YOURTRANSMISSIONS 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 UK 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 The Arbitration Act 1996. The proceedings of the Arbitration shall be in English and the place of arbitration will be at London.
This contract shall be subject to the exclusive jurisdiction of courts at London, United Kingdom.
Any report of violation of breach of privacy, Information or identify theft or grievances in relation to the Information shared, collected, stored or disseminated by in relation to the Website shall be communicated to the grievance officer. Our Grievance Officer shall undertake all reasonable efforts to address your grievances at the earliest possible opportunity. You may contact us at:
Grievance Officer Email: [email protected]
Address for Post: UNIT 6 Drummonds Place, St. Margaret, Twickenham, TW1 1JN.