www.hypertechlogistics.com Terms and Conditions contains the terms and conditions that govern your access to and use of the website (as defined below) and is an agreement between Hypertech Logistics Private Limited and you or the entity you represent. This Agreement takes effect when you access the www.hypertechlogistics.com and its products and services. These terms and conditions are an electronic record in terms of Information Technology Act, 2000 (“IT Act”) and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended from time to time.

Definations

'' Hypertech Logistics " and '' company" the terms used in website, documents, and agreements represent the company Hypertech Logistics Private Limited.

"User" the person or firm who purchases product and services from Hypertech Logistics Private Limited.

“Buyer” is the company/industry that chooses to compare, book, and/or manage freight quotes or shipments from transport service providers.

''Seller" is the carrier/transport service provider who sells freight services ( including the owner, operator, freight broker, or forwarder ) or authorizes freight services to offer rates to buyers.

"Goods" means any property including live animals, containers, pallets, or such other articles of transport or packaging supplied by the consignor, irrespective of whether such property is to be or is carried on or under the deck.

“Not Fit to Travel shipment” means goods or documents of whatever nature that has not been packed or not properly packed, are damaged, pose a health and safety risk, could cause damage to other Shipments or equipment or facilities, or could be damaged itself due to it being unfit;

"Services" means the services that are performed by Hypertech Logistics Private Limited concerning the products and services offering.

"Shipment" means goods or material of whatever nature (whether in bulk or one or more packages) which created and performed on the website or the product provided by Hypertech Logistics Private Limited.

Acceptance

The following terms of services govern your use of the www.hypertechlogistics.com and related information, applications, material, and documents being made available to you through Hypertech Logistics products and services. By signing up or creating an account on any of our platforms/products and services, you signify electronically your agreement to all the terms and conditions, policies, notices contained or referenced herein and resolve any dispute with Hypertech Logistics in the manner as presented in terms of services.

You agree that Hypertech Logistics reserves the right and has the sole discretion to amend any clauses by way of addition, variation, or repeal or revise these terms of services and other related policies at any time. Your continued use of Hypertech Logistics products and the services and the website following the posting of any changes to the terms of service constitutes acceptance of those changes.

Hypertech Logistics' products and services

Hypertech Logistics offers different types of services through the website, software, online assets, external service providers, or through digital channels like Hypertech Logistics APIs. Service included but not limited to digital services ( like online pricing comparison, transport marketplace access ) and physical services ( shipment handling or external carrier network facilities by Hypertech Logistics Service Providers). Buyer ( company or industry who require freight services ) And Seller ( carrier or transport operator or agent who provides freight services) , Authorize Hypertech Logistics to use, manage and execute the freight service business through the Hypertech Logistics platform and products.

As part of the Hypertech Logistics Services, we provide subscription hosted software-as-a-service (SaaS) which allows you to manage your freight services business, including importing and storing your pricing and customer names, managing your quotes and payments, and various associated features and reports (“SaaS Services”). If you signup on www.hypertechlogistics.com, you will be assigned to a Hypertech Logistics' services/products or marketplace. If you use Hypertech Logistics services but not a Saas Subscriber, you will also find limited features and services access. Some sections of this Agreement specifically applicable to particular types of Hypertech Logistics products or services or users. Where sections of this agreement are not specifically directed towards particular types of products or services or users, they apply to all users of all Hypertech Logistics services.

Intellectual Property Rights

Nothing herein contained shall at any time during the subsistence or after the expiry or earlier termination of this Agreement confer or be deemed to confer or shall be intended to confer any right, titles, interest, or claim in favor of user/client/visitor in respect of the Intellectual Property and the logo, color scheme, design and get-up as used as Hypertech Logistics. The company is the exclusive owner of Hypertech Logistics properties and at no instance, user/customer/visitor shall claim any rights or leverage the same.

User Data and Information

User shall be responsible for supplying Hypertech Logistics and its platform/product with up to date and complete data concerning the names and addresses of user’s clients to whom and from whom shipments are to be transported. User acknowledges that based on these Conditions information from the user’s clients (if applicable) is provided to Hypertech Logistics by User, some of which information relates to an identifiable person. User acknowledges that Hypertech Logistics has its responsibility in the processing thereof and shall, therefore, together with User, be considered as a data controller (or a joint data controller). Hypertech Logistics platform/product to be required to share information, including personal data concerning the shipment with the shipment origin and destination authorities or transit location and address authorities for service provider and/or security reasons.

In consideration of the user’s access to, and use of, the services, the user agree to;

  • a) provide accurate, current, and complete information about the user as well as require services
  • b) maintain the security of identification and password
  • c) maintain and promptly update the Registration Data, and any other information user provide to Hypertech Logistics through the Website or otherwise in connection with the Services
  • d) receive communications from Hypertech Logistics electronically(including email & system notification); and
  • e) be fully responsible for all use of the user’s account and for any actions that take place using the user’s account and user’s login information.

User's Obligations

User warrants to Hypertech Logistics Private Limited that any Shipments Execution on Hypertech Logistics platform/product complies with the following particulars;

  • a) The goods have been prepared and packed safely and carefully, according to the nature and size of such goods, to protect against the ordinary risks of transport and closed in such a way that tampering will be noticeable;
  • b) The particulars of the Shipment (including but not limited to the number of items, weight, dimensions, and general description), as well as the delivery address and contact details of the receiver, are fully, accurately, timely, and legibly entered on the consignment note;
  • c) The Shipment includes the correct invoice related to the shipment (mentioning correct “bill to” address with applicable Tax ID/GSTIN, correct and clear description of the commodity, true value, and the first 6 digits of the Harmonized System (“HS”) code) and the receiver’s contact details;
  • d) Buyer shall provide Hypertech Logistics on a timely basis prior to the transportation (i) such information about the nature of the contents of the shipment, freight services (ii) the manner in which the shipment should be handled, and (iii) the precautions that should be taken, all of which user knows or ought to know are of importance to shipment execution.
  • e) User shall comply with all statutory and legal requirements which are relevant for the proper performance of goods movement. The user indemnifies and holds Hypertech Logistics harmless from and against any liabilities or for any costs, damages, or expenses, including legal costs and attorneys’ fees, Hypertech Logistics may incur either to the user or to anyone else arising out of User being in breach of any of its obligations, even if Hypertech Logistics platform/product inadvertently accepts a shipment that contravenes any of user’s obligations under this agreement.
  • f) Buyer agrees that (i) Hypertech Logistics or any Seller including agents and brokers may open and inspect the shipment at any time and (ii) Hypertech Logistics may at its sole discretion reject a shipment order for acceptance if this shipment is considered a Not Fit to Travel shipment or for whatever other reason.
  • g) User shall indemnify Hypertech Logistics against any claims from third parties who have an interest in the Shipment.

Rights you provide to Hypertech Logistics

By signing up or creating an account on the Hypertech Logistics platform/products, you are licensing Account content to the company solely for the purpose of that use. Hypertech Logistics may use The information related to account, data, passwords, username, materials, or other content you provide to us through the use of the website or the product or the services, only to provide you the use of products and services. By signing up or joining, you represent that you are entitled to submit account information to the company without any obligation to access services. You hereby authorize and permit Hypertech Logistics to use such account information to configure the products and services so that it is compatible with the third-party websites and products. By signing up or joining Hypertch logistics through the website and the products, you grant the company a limited power of attorney and appoint the company your attorney-in-fact and agent to use and access third-party websites, retrieve and use your account information with full power and authority to perform necessary in connection with such activities, as you could do in person. In such a scenario, the user acknowledges and agrees that Hypertech Logistics is acting as your agent, and not as the agent of or on behalf of the third party.

Fees and Payments

Hypertech Logistic' Service:

All the described products and services of Hypertech Logistics are available under subscription plans of various durations. Payments for the subscription of any services can be made by credit card. Your subscription will be automatically renewed at the end of each subscription period. If you wish to downgrade your paid subscription plan or free plan you can select it through Plan Management functionality in our systems or you can contact support. If you select a free plan, you may not have to make a subscription payment, but there will be transactional charges based on the amount being transacted through any of our products or system. We call these charges - Convenience Fees, these charges are applicable only on completed transportation orders. Paid convenience fees are non-refundable.

During the automatic renewal, the subscription fee will be charged from the credit card last used by you. We allow changing of card details if you wish to change the card details for payments. If you do not wish to continue your subscription, you must inform our support department before the renewal date. If you have not downgraded your plan or if you have not informed us about your subscription cancellation, You will be presumed to have authorized Hypertech Logistics to charge the subscription amount to the credit card last used by you. From time to time, we may change the pricing of any product or charges for use of services that are currently available. Any change in prices will not apply until the expiry of your current billing cycle.

If at any time during the first 30 days of using our product and service you are dissatisfied, please contact our support department. We will do our best to provide you the solution to meet your need. If you are not satisfied, we will gladly offer you a FULL REFUND for your purchase of any subscription. If at any time during your contract, we remove or discontinue functionality, notify us immediately. If we fail to address it on time, we will offer you REFUND as per the contract. REFUND is not applicable when we have suspended or terminated your access to Hypertech Logistics services due to a violation of our terms and condition.

Payment To Service Providers/Supplier/Channel Partners:

Products and Services of Hypertech Logistics offer users to procure transportation-related services from software, mobile apps, third-party marketplace and authorized resellers of Hypertech Logistics. These services will be subject to a separate Service Level Agreement (SLA), and all fees payable for such use will be payable to supplier, channel partner, or third party marketplace under the terms agreed between customer and supplier/channel partner. Customer agrees to pay applicable direct or indirect taxes associated with its purchases through supplier/channel partner, hereunder which will be itemized on the supplier/ channel partner invoice. If the customer has an obligation to any amounts, the customer can contact Hypertech Logistics Support, otherwise, the customer has to pay the full amount quoted and invoiced. The user of any of product or services of Hypertech Logistics understands and agrees if the customer purchased the services via supplier or channel partner, service credits and refund payable under SLA may be payable or applied by channel partner on the Hypertech Logistics Product/Platform in proportion to the fees paid by the customer to the channel partner, and the discharge by the channel partner of such obligations will relieve Hypertech Logistics of the same under this agreement.

Late Payments to Service Provide/Supplier/Channel Partner:

If a customer purchases any services through a supplier/channel partner on Hypertech Logistics product/platform, the customer has to make full payment against the use of the service to the supplier/channel partner. If undisputed fees are more than 30 days overdue then you may receive written notification from Hypertech Logistics. Hypertech Logistics may suspend customer's access to the service and/or web platform, mobile apps, including without limitation, customer's account until such due payments are paid in full.

Payment Dispute Between Customer & Supplier/Channel Partner:

In-Service Level Agreement ( SLA ), Hypertech Logistics has the rights under the Late payments clause, termination of services, and suspension of services concerning non-payment or payment default to their supplier, channel partners, third-party marketplace, and resellers. Hypertech Logistic will not exercise its rights under the late payment clause, If the customer is disputing the applicable charges reasonably and in good faith and, the customer is cooperating diligently to resolve the dispute. If parties are unable to solve such dispute within 30 days, each party has the right to seek any remedies they may have under SLA at law or in equity, irrespective of any terms that would limit remedies on account of a dispute. Any undisputed amounts must be paid in full to the supplier/channel partner.

Liability

It is agreed by you that, when permitted by law, the Company, will not in any way be responsible for loss, profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary, or punitive damages. In all cases, the Company, will not be liable for any loss or damage that is not reasonably foreseeable.

Hypertech Logistics is not liable for any indirect, special, economic, or consequential loss, including but not limited to costs of any alternative ways of transport, loss of profits, loss of use, anticipated savings, goodwill or loss of opportunity; or loss or damage arising out of circumstances beyond the control of Hypertech Logistics, such as but not limited to Acts of God, armed hijacks, accidents, acts of public enemies, strikes, embargoes, civil commotions, national or local disruptions in air or ground transportation networks, mechanical problems to modes of transport or machinery, acts or omissions by the user, a third party or a government official, criminal acts and/or latent defects or inherent vice in the contents of the Shipment; or fines, penalties, chargeback rates or other financial sums levied against the user by any third party howsoever arising.

Indemnity

User agrees to defend, indemnify and hold harmless Hypertech Logistics and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from;

  • a) use of and access to the Hypertech Logistics website and Products and Services, including any data or content transmitted or received by you;
  • b) user's violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above;
  • c) user's violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
  • d) any claim or damages that arise as a result of any of the user's data/information or any that is submitted via your account on Hypertech Logistics Platform/Product;
  • e) any other user's access and use of the Service with your unique username, password, or other appropriate security code.

Further, you agree that, if you are using Hypertech Logistics Products and Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify the Company and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of the Products and Services or violation of any of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys' fees.

Disclaimers

The User to this Agreement shall at all times comply with all applicable laws, rules, and regulations from time to time in force, including, without prejudice to the generality of the foregoing, strictly comply with the provisions of the Income Tax Act, Goods and Service Tax Act, Transportation Laws and the Rules, Regulations, and notifications relating to or appertaining to the due and proper performance of its duties and obligations under this Agreement. User agrees that the use of Hypertech Logistics products and services is at their sole risk. The company makes no representation, warranties, or guarantees, express or implied, regarding the accuracy, reliability, or completeness of information on the website or products and services, And expressly disclaims any warranties of non-infringement or fitness for a particular purpose. The company makes no warranties or guarantees that the service is maybe available through our platform/product is free of infection from a virus or other computer code that contains destructive properties or intended to damage any system, data, or personal information.

In the event of a user committing a breach of this clause, it shall indemnify and keep indemnified the other user of, from, and against all claims, demands, actions, proceedings, fines, penalties, expenses, and liabilities of whatsoever nature or brought against sustained or incurred by the other user and whether paid for or not arising out of or as a result of such breach by the user in default. No provision of this Agreement may be waived, except in writing by the user against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy or requiring the satisfaction of any condition under this Agreement and no course of dealing between the users shall operate as a waiver of any right, remedy, or condition. A waiver provided in writing on one occasion is effective only in that instance and only for the purpose for which it is given.

This Agreement will be executed in two original counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

General Agreement

Confidentiality & Copyright:

Keep all Confidential Information in strict confidence, with the same level of care as it applies to keeping its proprietary information confidential, and in any event, no less than reasonable care to prevent the unauthorized disclosure or use of any Confidential Information; not use, reverse engineer, decompile, disassemble, modify, change, enhance, create any derivative works from, or otherwise deal in any Confidential Information, except as expressly permitted under this Agreement. It is our policy to terminate in appropriate circumstances Account holders and users who repeatedly infringe or are believed to be infringing the right of copyright holders.

Governing Law & Juridiction:

This Agreement is governed by the laws of India. In the event of any dispute or difference arising out of or relating to this Agreement, the parties shall endeavor to resolve such dispute or difference in an amicable manner in consonance with the spirit of the transaction recorded in this Agreement. The Agreement is governed by the laws of India as applicable to the States where the parties are domiciled having jurisdiction in the respective Courts.

Legal:

Hypertech Logistics reserves the right in its sole discretion to investigate and take legal action against an individual, a firm, or anyone who engages in any illegal or prohibited activities or violates the terms of services.

No Objection:

User express that it has no objection upon any call, SMS, email, or any other form of communication by the Hypertech Logistics, any third party authorized by the company, communicating to a user with regard to the products and services. User hereby express his interest and accord its willful consent to receive communication in relation to the company's products and services. Further, the user confirms that it has specifically opted to receive the communication, and any communication shall not be constructed as Unsolicited Commercial Communication under the TRAI and other government authorities' guidelines.