TERMS AND CONDITIONS

Shipnexa – Terms and Conditions of Use

These Terms and Conditions ("Terms") constitute a legally binding agreement between you (“User” or “you”) and Shipnexa ("Shipnexa," "we," "us," or "our"). By accessing, registering on, or using the Shipnexa platform, whether through the website www.shipnexa.in, the mobile application, or any associated mode you confirm that you have read, understood, and unconditionally agreed to be bound by these Terms, along with our Privacy Policy, and any other policies incorporated herein by reference.

If you do not agree to these Terms, please discontinue use of the platform immediately.

These Terms are published in compliance with the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, and all other applicable laws of India.

1. DEFINITIONS
   1. "Platform" means the Shipnexa website, mobile application, API integrations, and all associated digital tools and services.

For the purposes of these Terms, unless the context otherwise requires:

1. "Logistics Partner" means any third-party courier, carrier, or logistics service provider integrated with or accessible through the Platform.
2. "Shipment" means any consignment, parcel, or package booked through the Platform for delivery via a Logistics Partner.
3. "Prohibited Goods" means items listed under Clause 10 of these Terms that cannot be shipped through the Platform.

1. ELIGIBILITY AND ACCOUNT REGISTRATION
   1. The Platform is intended for use by persons who are competent to contract under the Indian Contract Act, 1872. By registering, you represent that:
      1. You are at least 18 years of age;

1. You are legally authorised to enter into binding contracts under applicable law;
2. If registering on behalf of a business entity, you have due authority to bind such entity to these Terms.

1. You agree to provide accurate, complete, and current information during registration, and valid contact details. Providing false or misleading information constitutes a material breach of these Terms.

1. You are solely responsible for maintaining the confidentiality of your account credentials. All activities conducted through your account shall be deemed to have been authorised by you. You agree to notify Shipnexa immediately at support@shipnexa.in upon becoming aware of any unauthorised access or breach of security.

1. Shipnexa reserves the right to verify the identity and credentials of any User and to suspend or reject account registrations at its sole discretion without assigning any reason.

1. NATURE OF SERVICES

Shipnexa is a technology intermediary platform that facilitates the booking, tracking, and management of shipments through third-party Logistics Partners. Shipnexa provides services on an "as-is" and "as-available" basis and does not warrant uninterrupted, error-free services at all times.

1. USER OBLIGATIONS AND CONDUCT

1. By using the Platform, you agree to use the Platform solely for lawful commercial purposes in accordance with applicable laws, including but not limited to the IT Act, 2000, Consumer Protection Act, 2019, and applicable GST legislation, ensure that all shipment details including sender and receiver information, product descriptions, declared values, and weights  are accurate and complete. Comply with all applicable customs, import/export, and logistics regulations for domestic and cross-border shipments. Maintain all necessary licences, registrations, and permits required for your business or the goods you ship. Not misrepresent the nature, contents, value, or weight of any shipment.

1. You shall not:

1. Use the Platform for any fraudulent, deceptive, or illegal purpose;
2. Upload, transmit, or distribute any virus, malware, trojan, or harmful code;
3. Attempt to gain unauthorised access to any part of the Platform or its backend systems;
4. Reverse engineer, decompile, copy, or create derivative works of any part of the Platform;
5. Engage in any conduct that interferes with or disrupts the Platform or the servers and networks connected to it;
6. Abuse, threaten, harass, or defame Shipnexa, its employees, Logistics Partners, or other Users.

1. PROHIBITED GOODS
   1. The following categories of goods are strictly prohibited from being shipped through the Platform, whether domestically or internationally:

1. In the event of shipment of Prohibited Goods, Shipnexa and its Logistics Partners shall bear no liability for loss, damage, interception, or legal consequences arising therefrom. The User shall indemnify Shipnexa for all costs, penalties, and claims arising out of such shipment.

1. FEES AND PAYMENTS
   1. Fees for services are as per the rate card, subscription plan, or invoice communicated to you at the time of onboarding or order placement and may be revised from time to time upon reasonable notice.

1. All payments are to be made in Indian Rupees (INR). Applicable Goods and Services Tax (GST) and other statutory levies shall be charged in addition to the service fees as per prevailing rates.

1. Shipnexa follows a no-refund policy as a general rule. Refunds, if applicable, shall be governed by the Cancellation and Refund Policy available on the Platform. 

1. INTELLECTUAL PROPERTY RIGHTS
   1. All content on the Platform including the Shipnexa name, logo, design, software, technology, text, graphics, and databases are the exclusive intellectual property of Shipnexa and is protected under the Trade Marks Act, 1999, the Copyright Act, 1957, and other applicable intellectual property laws.

1. Nothing in these Terms grants you any right, title, or licence to use Shipnexa's intellectual property, except the limited, non-exclusive, non-transferable right to access and use the Platform for its intended purposes.

1. You retain ownership of all content, data, and materials you upload to the Platform. By uploading such content, you grant Shipnexa a non-exclusive, royalty-free, worldwide licence to store, display, and process such content solely for the purpose of providing the services under these Terms.

1. DATA PROTECTION AND PRIVACY
   1. Shipnexa is committed to protecting your personal data in accordance with the Digital Personal Data Protection Act, 2023 ("DPDPA") and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

1. Our collection, use, storage, and processing of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. You are encouraged to read the Privacy Policy carefully before using the Platform.

1. By using the Platform, you provide your free, specific, informed, and unambiguous consent to the processing of your personal data as described in the Privacy Policy.

1. Shipnexa implements reasonable technical and organisational security measures to protect your personal data. However, no method of electronic transmission or storage is completely secure, and Shipnexa cannot guarantee absolute security.

1. Shipnexa shall never sell your personal data to third parties for their independent commercial use.

1. GRIEVANCE REDRESSAL

Shipnexa has appointed a Grievance Officer for the purposes of receiving and addressing complaints from Users:

Grievance Officer Name: _____________ Designation: Grievance Officer Address: __________________ Email: _________________Working Hours: Monday to Friday, ____ AM to ____ PM IST

1. LIMITATION OF LIABILITY

1. Shipnexa shall not be liable for:

1. Any indirect, consequential, incidental, or punitive loss or damage;
2. Loss of profit, revenue, business opportunity, goodwill, or anticipated savings;
3. Loss or damage arising from acts or omissions of Logistics Partners;
4. Delays, damage, or loss caused by force majeure events, including natural disasters, acts of God, pandemics, war, civil unrest, strikes, or government action;
5. Any loss arising from your failure to comply with these Terms or applicable law.

1. INDEMNIFICATION

1. You agree to indemnify, defend, and hold harmless Shipnexa, its directors, officers, employees, agents, and Logistics Partners from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

1. Your breach of these Terms or any applicable law;
2. Your shipment of Prohibited Goods;
3. Any misrepresentation of shipment contents or declared value;
4. Your infringement of any third-party intellectual property or other rights;
5. Any claim by your end-customer arising from your store operations.

1. SUSPENSION AND TERMINATION

1. You may close your account at any time by contacting support@shipnexa.in. Upon closure, all pending obligations (including outstanding dues) must be settled before termination is effective.

1. Shipnexa reserves the right to suspend or terminate your account, without prior notice, if:

1. You breach any provision of these Terms;
2. You engage in fraudulent, deceptive, or illegal activity;
3. You ship Prohibited Goods;
4. Shipnexa is required to do so by law or regulatory authority;
5. Your account poses a security risk to the Platform or other Users.

1. Upon termination, your right to use the Platform shall cease immediately. Shipnexa may retain your data for such period as required by applicable law or for the resolution of pending disputes.

1. MODIFICATIONS TO TERMS AND SERVICES

1. Shipnexa reserves the right to amend these Terms at any time. The updated Terms shall be posted on the Platform with a revised effective date.

1. Where material changes are made, Shipnexa shall endeavour to provide notice via email or a prominent in-Platform notification. Your continued use of the Platform after the effective date of any revision constitutes your acceptance of the updated Terms.

1. Shipnexa may modify, suspend, or discontinue any feature or aspect of the Platform at its discretion. Shipnexa shall not be liable to you or any third party for any such modification, suspension, or discontinuance.

1. MISCELLANEOUS

1. Entire Agreement: These Terms, together with the Privacy Policy, Cancellation Policy, constitute the entire agreement between you and Shipnexa with respect to the subject matter hereof.

1. Severability: If any provision of these Terms is found to be invalid, unlawful, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

1. Waiver: Shipnexa's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision for the future.

1. Assignment: You may not assign or transfer your rights or obligations under these Terms without Shipnexa's prior written consent. Shipnexa may assign its rights and obligations under these Terms without restriction.

1. Force Majeure: Shipnexa shall not be in breach of these Terms or liable for any delay or failure in performance where such delay or failure results from circumstances beyond its reasonable control.
2. These Terms shall be governed by and construed in accordance with the laws of India.

1. CONTACT US

For any queries, concerns, or assistance relating to these Terms, please contact:

Shipnexa Support Team Email: support@shipnexa.in.

By using the Shipnexa platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions.