Before Registering, you must agree to the following terms and conditions.
These Terms and Conditions governs the use of the services that are made available by Transecur Telematics Pvt. Ltd. on the website, www.transecur.com . These Terms represents the governing agreement and understanding between the Website and the individual or any entity/ company who uses or subscribes and avails the service provided by the said Website.
Our website provides a software application for completing statutory processes agreed under the Memorandum of Intent between the Government of India and Govt. of Nepal for filing Customs documents and affixing devices on vehicles and/or shipping containers which provide shipment visibility and cargo security to goods in transit through India to Nepal as well as other such services and software applications as authorised by the either or both Governments.
To use our website's services, you are required to create an account on our website. You are also required to give such information and documents that may be required by various government authorities and other service providers engaged in carrying out incidental and ancilliary to the services offered by the Website and Company. If you fail to provide the said information and/ or documents, your registration may be liable for cancellation. Accordingly, you undertake to represent and warrant that: (a) all the information and data that you provide while registering and the documents you upload for that purpose are true, accurate, updated, and complete (apart from optional items) as required by various registration forms on the Website (the "Registration Data") and that (b) you will maintain and promptly update the Registration Data and documents uploaded to keep it true, accurate, current and complete. If you provide any information or documents that is false, untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information or document is false, untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account with immediate effect. In consideration of using our website, you represent that you are authorized and competent to use our site by the person, natural or legal, in whose name the registration is done and to create binding legal obligations for any liability you may incur as a result of the use of our site. You understand that you are legally and financially responsible for all uses of our site by you and persons authorized by you.
The website may make available for download certain software or documentation. The said software or downloads, and their installation (if any) or its use may be subject to the terms and conditions of use as mentioned therein and you will be required to accept the same. By accepting the terms, you agree to become a party to and you will be bound by all the terms and conditions mentioned herein.
Our website includes a combination of content that we create, or create with third parties, or with our partners or licensors or associates. All materials published on our sites, including, but not limited to written content, photographs, graphics, images, maps, illustrations, marks, logos, sound or video clips, design, texts, artwork, graphic material, databases, proprietary information and/ or otherwise legally protectable elements of the website are protected by our copyrights and the trademarks, service marks and logos contained therein and are the property of the Company or those of our partners or licensors or associates respectively. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our website in whole or in part. Any unauthorized or prohibited use of any material may subject you to civil liability, criminal prosecution, or both, under applicable laws. If you would like to request permission to use any of the content on our website, please review our copyright notice, provided hereinbelow. The website reserves the right to modify, reject or eliminate any information residing on or transmitted to any of its servers that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions and to suspend or end your service for any reason or for violation of these terms and conditions.
Except as expressly authorized by the Company in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit the content and materials of the Web site, or create derivative works from such materials or content.
If you authorize or grant access to any person to upload any information or access any features of the services provided by the website based on your Registration Data or User details or log in credentials, or avail the services provided by the website and/or to use certain segments of the website, then you will be at all times responsible and liable for access and the activities that are carried out using such authorization by the third party.
In case of links to other Internet sites owned by third parties, on the web site of www.transecur.com, your use of each of those sites is subject to the terms and conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor. The Company makes no warranties as to the accuracy and correctness of the content of the links of third parties provided on the Website at any time.
You may provide a link to the Website provided you link to the homepage of our website only and no other page and the said link must not bear any intellectual property rights of the Company including but not limited to trademarks, logos, devise marks or graphics. Furthermore, the link should not in any way imply that the Company is making an endorsement of any product or service provided by you. You cannot use the trademark, logo, name of the Company including but not limited to the website in any manner which is unfair, deceptive or libellous advertising or commentary or used in any way that will tend to injure or compromise our professional reputation and corporate identity and policies.
Our site does not control the information provided by you and it is your duty to ensure that all the information provided by you is true, complete and accurate and not offensive, incomplete, fraudulent, harmful, inaccurate or misleading. The Company is under no obligation to monitor the Content and any other information residing on or transmitted to its servers. However, anyone using the Company’s server agrees that the Company may monitor the server contents at any time to (a) comply with any necessary laws, regulations or other governmental requests; (b) to operate the server properly or to protect itself and its users; or (c) perform any other function relating to the provision of services through the Company’s website.
The applicable charges for availing various services offered by us have been duly mentioned in the website and you can accordingly subscribe to these services offered by the Company. You can choose from the any of the payment methods listed on our website for payment of the fees and charges. We reserve the right to add other payment methods in the future or to refrain from using any or some of the payment methods, which we currently offer. Please note that additional costs may be applicable, depending on the payment method that has been chosen by the User. You shall provide correct and accurate credit/ debit card or such other information and details required by the approved payment gateway for availing Services on the Website. Further, you shall not use the credit/ debit card which is not lawfully owned by you. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or under Customs law, any other regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card. We reserve the right to cancel or temporarily stop any service being provided by us, at any time and without prior notice. In case of Service cancellation, your right to use the Service ceases right away. Refund of the fees, if any, shall be at our sole discretion.
The Company may, at its sole discretion or based on orders from a government authority, terminate your access to all or any part of our Services at any time, effective immediately. You acknowledge that we may immediately suspend or deactivate your Account and all related information and Submissions made from your Account and bar any further access to such information or to the Site. If you wish to terminate this Agreement or your account (if applicable), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability and obligations towards government, in respect of services availed by you from and through our website.
We reserve the right to monitor suspicious account activities on our website. Accordingly, any user who fraudulently misuses our services through his/ her account shall be liable for legal action under the applicable laws. Further, such user shall also indemnify us for the lawyer's fees or other costs that may arise in prosecuting such actions. In such cases, we reserve the right to delete the account of the user . For the purpose of this clause, we shall owe no liability for any refunds. You shall not transfer your account to another person or party. You, must also notify us immediately of any unauthorized use of your account of which you become aware and change any password or any other authentication material which you believe may have been compromised. The Company disclaims any responsibility for the results of your use, misuse or fraud with respect to the specific authorization given by you to any person for use of your account. You shall be personally liable in case any violation of customs law or loss or damage caused to the Company or to any third party resulting from your negligence in protecting your authorization details, such as your user name or password or authorization code or authentication material.
We reserve the right to suspend or terminate your account without notice if you have indulged in illegal, prohibited, fraudulent activity, or provided untrue, incomplete, or misrepresented information. We also reserve the right to initiate appropriate legal proceedings against you as per applicable law, in addition to the action that may be taken by appropriate Government authorities against you.
You are strictly prohibited from communicating on or through the Website any unlawful, harmful, offensive or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If you engage in such prohibited activities, we shall have the right to remove or edit the said information or reviews. You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website. If any of your actions undermine the integrity of our website or review system, then we shall have a right to temporarily suspend or permanently remove the said User from our Site.
You understand and agree that the Company will not be responsible or liable for any breach of security or violation of any laws with respect to your declarations in any customs documents/forms or the cargo transported under your authorisation by you or any third party. You understand and agree that the Company neither assures nor will be held responsible or liable regarding the performance, time taken, handling or clearance of cargo by the Customs or Ports or any other persons vested with control over your cargo in course of its import and transit - transportation through India. You understand and agree that the Company will not be responsible or liable for any matter relating to the procedure, rules or regulations that you are required to follow under the any law for the time being in force. You understand and agree that the Electronic Cargo Tracking System agreed to be deployed under the Memorandum of Intent between the Government of India and Government of Nepal involves the use of a software application developed and deployed by the Company alongside of electronic devices which use Global Navigation Satellite System for tracking of cargo on a map. While the Company undertakes to do the best to ensure uninterrupted functioning and availability of the website, the web-enabled application as well as electronic devices deployed for ECTS services, the nature of the Internet, wireless connectivity and electronic devices is such that uninterrupted services cannot be guaranteed. You understand and agree that the Company will not responsible and liable for any loss or interruption in services or delays that may arise due to uploading of data to the web application or due to issues related to wireless connectivity or the functioning of the internet or the performance of electronic cargo tracking devices. We are also not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:(a) loss of income or revenue;(b) loss of business; (c) loss of profits or contracts;(d) loss of anticipated savings; (e) loss of data; (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, INTANGIBLE LOSSES OR ANY OTHER DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR THE SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless the Company, its parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (a) any information You submit, post or transmit through the Site or Services, (b) Your use of the Site or Services, (c) Your violation of this Agreement, (d) Your violation of any rights of any other person or entity or (e) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by You into the Services.
The copyright and other intellectual property right in all material and content on the website including but not limited to data, written material, photographs, graphics, videos and organization and layout of the website is owned by the Company. In accessing the website, its web pages, you agree that you may only access the content for your own non-commercial use. Any copies of these pages saved to your computer or any electronic device or disc or removable drives or any other storage medium may be used only for subsequent viewing purposes and for non-commercial use only. Except where expressly stated otherwise, you are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content or any material of the website or its web pages for any other purpose whatsoever without the prior written permission of the Company Use for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted. All rights reserved. Any rights not expressly granted herein are reserved.
Our Website include a combination of content that we create, our partners or licensors or associates create, and that our users create. All materials published on the Website, including, but not limited to written content, data, photographs, graphics, images, illustrations, marks, logos, sound or video clips, design, texts, artwork, graphic material, databases, proprietary information, flash animation and/ or otherwise legally protectable elements of the website, are protected by our copyrights and the trademarks, service marks and logos contained therein are the property of the Company or those of our partners or licensors or associates respectively.
These terms and conditions apply to all communication which originates from or references of the Company. You consent to receive communications from the website electronically. The website will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
This agreement in whole or in any part thereof cannot be interpreted in such a manner so as to constitute the agency, or joint venture or partnership relationship between the parties.
All complaints regarding our services can be emailed at [email protected]
Any notice may be sent to the Company by sending the same to registered office of the Company or to email the same at [email protected] Except as explicitly stated otherwise, the Company will send a notice to you at the email address that you have provided to us during the registration process. Notice shall be deemed given 24 hours after email is sent. Alternatively, we may give you notice by certified mail or post, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
The Terms and Conditions shall be severable. If any part of this Agreement is held invalid, illegal, or unenforceable, that part will be construed to reflect the parties’ original determination, and the remaining portions will remain in full force and effect. However, such determination shall not affect the enforceability, legality, and validity of any other remaining provisions. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
The Terms and Conditions, its performance and all disputes arising out of or in connection with the Terms and Conditions shall be governed by the laws of India, with exclusive jurisdiction conferred on the courts at Kolkata.
Headings are used in this agreement for the mere sake of convenience only. They shall be construed or interpreted in such a manner that will not limit or otherwise affect the terms and conditions herein.
This Agreement constitutes the entire agreement between the Company and you concerning the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and it may only be modified by a written amendment signed by an authorized executive of the Company, or by the posting by the Company of a revised version on this site.
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