This document was last updated on 13 April 2016.
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This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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.
The domain name ekartcourier.com (hereinafter referred to as "Website") is owned by Instakart Services Private Limited a company incorporated under the Companies Act, 1956 with its registered office at Brigade Manae Court, First Floor, No.111, Koramangala Industrial Layout, Bengaluru- 560095, Karnataka, India (hereinafter referred to as "Instakart").
If you use the Website as a registered Shipper, you are responsible for all activities that occur under your Account and any associated business user accounts, regardless of whether the activities are undertaken by you or your representatives. Except to the extent caused by our breach of these Terms, we and our affiliates are not responsible for unauthorized access to your account or business user accounts. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your Buyer Account or associated business user accounts in accordance with these Terms) and are solely responsible for any use or action taken under your password. You will contact us immediately if you believe an unauthorized third party may be using your Buyer Account or associated business user accounts or if the Buyer Account or any business user account information is lost or stolen. On the other hand, You agree, to: 1). Provide true, accurate, current and complete information about yourself as prompted by Instakart’s registration form or provided by You as Guest User (such information being the "Registration Data") 2). You must not include any of your contact details such as email addresses etc in your User ID while registering as registered Shipper. 3). Maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Instakart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Instakart has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
belongs to another person and to which You does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
is misleading in any way;
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person (with a minor or an adult).
tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
violates any law for the time being in force;
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
shall not be false, inaccurate or misleading;
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of 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.
shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or toany server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Instakart, EKART, EKART Courier, ekartcourier.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Instakart on platform or otherwise tarnish or dilute any Instakart's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Instakart's systems or networks, or any systems or networks connected to Instakart.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
Instakart shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your ownor through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
The EKART Courier Waybill is non-negotiable and the Shipper acknowledges that it has been prepared by the Shipper or by EKART Courier on behalf of the Shipper.
The responsibility of EKART Courier for a shipment accepted under a Waybill ceases when the consignee acknowledges the receipt of the shipment by affixing his signature on the delivery sheet or in case of a Return to Origin (RTO), the same is provided by the Shipper. Delivery sheet here could mean a signature obtained on electronic devices such as handhelds or mobile phones with EKART apps.
All shipments under the Waybill are carried at Shipper's risk.
By tendering materials for shipments via EKART Courier, it is deemed that the Shipper agrees to the terms and conditions stated therein.
The Shipper warrants that he is the owner or the authorized agent of the owner of the goods transported hereunder, and that the Shipper hereby accepts EKART Courier terms and conditions for itself and/or as an agent for and on behalf of any other person having any interest on the shipment.
The Shipper warrants that each article in the shipment is properly described on this Waybill, and it does not contravene the provisions of the Indian Post Office Act or any other law for the time being in force, and has not been declared by EKART Courier to be unacceptable for transport as specified under Section 12 below, and that the shipment is properly marked and addressed and packed to ensure safe handling.
The Shipper shall be solely liable for all costs and expenses which shall without limitation include Octroi, state and local taxes and import duties related to the shipments and for costs incurred either in returning the shipment to the Shipper or warehousing the shipment pending such return.
The Shipper accepts the condition that the shipment is being carried by EKART Courier from point of rendering only up to the address shown on this Waybill and, in case this shipment has to be rerouted/redirected/returned for any reason whatsoever, the Shipper shall pay in advance all charges levied by EKART Courier for such rerouting/ redirection/return as per the normal schedule of EKART Courier, as also any Octroi, State, Local Taxes, Import duties etc. applicable thereon. EKART Courier will hold such shipments at Destination mentioned on the Waybill for maximum period of 10 calendar days from the date of shipment. Thereafter, EKART Courier reserves the right to destroy the shipment without informing the Shipper, and the Shipper agrees to indemnify EKART Courier against any claim or liability.
Packing of the material rendered for the shipment is the responsibility of the Shipper, including placement of such material inside the container, if any, supplied by EKART Courier, notwithstanding anything else in these terms and conditions.
EKART Courier has the right but not the obligation to open and/or inspect the shipment.
EKART Courier reserves the right to refuse shipments not conforming to these terms and conditions without assigning any reason whatsoever.
While EKART Courier will try to determine conformance at the time of pick-up, in case shipments are found to be non-conforming at any stage post-pick-up, then the shipments will be returned to origin on a best effort basis or if EKART is obligated under any applicable law to report such non-conforming shipment to the competent authorities or if the shipments are confiscated by the competent authorities, such shipments may be confiscated / disposed off under the guidance of the competent authorities. It is hereby clarified that in the event of any of the above scenarios, no refunds or compensation of any kind will be payable.
While EKART Courier has developed a sophisticated tracking system for all shipments carried in the network and has experienced manpower to handle all shipments, the Shipper may, if he so desires, insure his shipments at his own costs.
EKART Courier may on a best effort basis arrange insurance of shipment on behalf of the Shipper for the declared value of goods in respect of loss of or physical damage to such shipments. EKART Courier shall be only responsible for the administrative facilitation and arrangement of the Insurance policy. The said policy will be subject to the following terms and conditions:
Shipper shall pay Freight on Value to EKART Courier which will include applicable premium on the delcared value and service charges of EKART Courier.
'Shipments Insurance' does not cover any indirect loss or damage, or loss or damages caused on account of any delays in delivery of shipments.
Loss or damage to the shipment shall be notified by the Shipper/consignee to EKART Courier immediately. The settlement of the claim shall be as per the assessment by the surveyor appointed by the insurance company authorized by Us and same shall be binding on the Shipper. Any difference between the amount claimed by the Shipper and the actual settlement shall be borne by the Shipper and EKART Courier will not be held liable under any circumstances.
Notwithstanding anything slated hereinabove no claim shall be entertained under the Insurance Arrangement, if freight together with FOV charges are not paid by the Shipper / consignee to EKART Courier.
In case the Shipper wants to send high-value items and wants to protect against transit risks without buying an insurance policy, then the Shipper may do so by paying the stipulated risk coverage charges. These are additional to the transportation charges and are not included in the rates by default. Note that this risk surcharge cover should not be construed as insurance cover as risk surcharge cover will have only a limited liability on the part of the company subject to the terms and conditions laid out below:
Maximum shipment liability is limited to INR5,000/- (Indian rupees five thousand only)
Any shipment whose declared value is above the maximum shipment liability must be mandatorily insured by the Shipper
In case the shipment is neither covered under risk surcharge cover nor under its own insurance policy by the Shipper (or by EKART Courier acting on behalf of the Shipper), then the maximum liability is defined as under Section 10)
It will be necessary to provide justification of the declared value in case of buying the risk surcharge cover. This may be in the form of the original invoice or an official submission from an authorized valuer / valuation agent, and a copy of such documentation will be required to be submitted to EKART Courier.
All taxes such as Octroi, entry taxes and other statutory payments, if any levied on the shipments are to be borne by the SHIPPER and in his absence the same will be borne by the RECEIVER. EKART Courier will not extend any credit for Octroi and other statutory charges;
In the event of any form of non-compliance, on account of the shipments being handed over by Shipper, and there involves any form of monetary loss, shall be duly recovered from Receiver/ shipper as it deemed fit for the occasion, before the delivery/ handover of such shipments;
Applicable service tax shall be levied for the courier services to the SHIPPER at the time of pick-up and the same are included in the total amount paid to EKART Courier ;
Every shipment shall be charged at the time of pick-up by its chargeable weight, as defined hereunder, and not the actual (dead) weight. Also note that the charges shown online at the time of booking are approximate rates subject to the actual chargeable weight to be determined by our executive at the time of pick-up. The chargeable weight shall be the higher of
the actual weight as per the weight slabs and rate category agreed to, or
Volumetric weight of the shipment, in kilograms, is its gross cubic volume in cubic centimeters divided by 5000.
Further, if such charges are not paid to EKART Courier within 10 calendar days, then EKART Courier may store the goods at the defaulting SHIPPER'S/CONSIGNEE'S own risk.
EKART Courier further reserves its right to sell the goods by public auction, tender, private agreement or otherwise or even destroy the goods without prejudice to EKART Courier 's other legal remedies to recover its costs, charges and expenses, if the charges as indicated aforesaid are not paid by the Shipper/consignee within 10 calendar days.
EKART Courier does not carry any perishable goods. However, in case of perishable goods, EKART Courier shall have the right to dispose off/sell the goods immediately and without any notice and the Shipper shall keep EKART Courier indemnified against all claims, charges and expenses incurred by EKART Courier due to such perishable goods entering into the network of EKART Courier .
If consignee refuses to take delivery or to pay on delivery, or the shipment is deemed to be unacceptable, or it has been undervalued for customs / octroi purposes, or consignee cannot be reasonably identified or located. EKART Courier shall use reasonable efforts to return the shipment to the Shipper at Shipper's cost, failing which the shipment may be released, disposed off or sold by EKART Courier without incurring any liability whatsoever to the Shipper or anyone else. The proceeds shall be applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Shipper after adjusting outstanding dues, if any.
Shipper agrees and undertakes to indemnify and always keep EKART Courier and its affiliates and their respective directors, officers, agents and employees or third party indemnified and harmless against all costs, actions, claims, losses, damages, suits, prosecutions, liabilities (Civil, criminal and/or tortuous) arising out of wilful misconduct and gross negligence, violation of applicable laws, breach of the representations and warranties, any damages or bodily injury (including death) and damage caused to Our employees or agents due to the act or omission of You or Your representatives, claims by government regulators or agencies for fines, penalties, sanctions or other remedies arising from or in connection with Shipper’s failure to comply with its regulatory/legal requirements and compliances.
Without prejudice to Section 9 and Section 10, the liability of EKART Courier for any loss or damage to the shipment (which terms shall include all documents or parcels consigned through EKART Courier except food and similar perishable items), shall be the lowest of
The amount of loss or damage to the document or parcel actually sustained for shipments which are not insured as mentioned below and the actual value of the document or parcel so determined will be without regard to the commercial utility or special value to the Shipper.
The actual value of the document or parcel shall be ascertained by reference to the cost of preparation or replacement/reconstruction value at the time and place of shipment, but under no circumstance shall exceed Rs.5,000/-.
The actual value of a parcel (which term shall include any item of commercial value which is transported hereunder) shall be ascertained by reference to its cost by repair or replacement/resale or fair market value not exceeding the original cost of the article actually paid by the Shipper subject to and within the overall limit of Rs. 5,000/-.
For food and similar perishable items, EKART Courier is not liable for any loss or damage or degradation of quality irrespective of the declared value of the shipment. To clarify, all food and similar perishable items will be considered to have nil (zero) shipment value and this overrides any other declaration by any party.
In the event of any loss or damage to shipments, which are insured by the Shipper, EKART Courier may at the request of the Shipper, issue loss/ damage / shortage Certificate of Facts (CoF) with the sole purpose of enabling the Shipper to lodge insurance claim with its insurance company. The Shipper agrees and acknowledges that the CoF will be issued by EKART Courier , without admission of any claim and that EKART Courier shall be discharged of all liabilities, if any arising out of the shipment on acceptance of the Loss/Damage/Shortage certified by the Shipper. Further, EKART Courier may levy a CoF issuance charge up to 0.2% of the declared value of the shipment.
EKART Courier SHALL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES OR OTHER DIRECT OR INDIRECT LOSS HOWSOEVER ARISING, WHETHER OR NOT EKART Courier HAS KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, INTEREST, UTILITY OR LOSS OF MARKET.
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to Youthrough this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in Without prejudice to the forgoing paragraph, EKART Courier does not warrant that:
This Website will be constantly available, or available at all; or
The information on this Website is complete, true, accurate or non-misleading
EKART Courier will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. EKART Courier does not warrant that this Website; information, content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind.
You will be required to enter a valid phone number while booking on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any booking or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS
In particular, EKART Courier will not be liable for any loss or damage to the shipment or a delay in picking up or delivering shipment if it is:
Due to acts of God, force majeure occurrence of any cause reasonably beyond the control of EKART Courier , or loss and damage caused through strikes, riots, political and other disturbances such as fire, accident of the vehicle carrying the goods, explosions, beyond the control of EKART Courier for the goods that are carried by EKART Courier .
Carriers such as Airlines, or Airways not adhering to schedule for any reason whatsoever.
Government officials in discharge of their official duties such as Customs/Taxation/Octroi Inspection etc.
The nature of the shipment or any defects, characteristics, inherent vice, thereof.
Electrical or magnetic injury, erasure or other such damages to Photographic images or recording in any form.
Notwithstanding anything contained hereinabove, whilst EKART Courier will endeavor to exercise its best efforts to provide expeditious delivery in accordance with its regular delivery, EKART Courier WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR DELAY IN PICK UP, TRANSPORTATION OR DELIVERY OF ANY SHIPMENT REGARDLESS OF CAUSE OF SUCH DELAYS.
No liability is assumed for any errors and/or omissions in any information/data which is imparted in respect of the shipment traveling under the Air Waybill.
The Shipper indemnifies EKART Courier against loss, damages, penalties, actions, proceedings etc. that may be instituted by any Government Officials in discharge of their official duties including but not limited to Customs//Octroi/ State or Municipal Tax Inspection etc.
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
Any claim must be brought by the Shipper by contacting customer service of EKART Courier within 30 calendar days of the date of pick-up. No claim can be made against EKART Courier beyond this time limit.
No claim for loss or damage will be entertained until all charges have been paid. The amount of any such claim shall not be deducted from any transportation charges owed to EKART Courier .
Except as per written agreement between SHIPPER and EKART Courier , EKART Courier will not carry materials as under.
Classified as hazardous material, dangerous goods, prohibited, banned or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization.
Not permitted by the laws/rules/restrictions in force or no customs declaration is made when required by applicable customs regulations and / or any other relevant laws.
EKART Courier decides it cannot transport an item safely or legally (such items include but are not limited to animals, bullion, currency, bearer negotiable instruments, share certificates and blank shares, precious metals and stones, firearms or parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs). Details available on the website ekartcourier.com
Dangerous Goods Regulations (DGR) - http://www.iata.org/publications/dgr/Pages/index.aspx
Live Animals Regulations (LAR) - http://www.iata.org/publications/Pages/live-animals.aspx
Perishable Cargo Regulations (PCR) - http://www.iata.org/publications/Pages/perishable-cargo.aspx
Lithium Battery Shipping Guidelines (LBSG) - http://www.iata.org/publications/Pages/lithium-battery-guidelines.aspx
The Air Cargo Tariff and Rules (TACT) - http://www.iata.org/publications/Pages/air-cargo-tariff.aspx
EKART Courier is entitled to use any mode and route for transportation
EKART Courier may offer certain services that guarantee delivery in a particular time period). For such services, EKART Courier will levy an additional fee in addition to the regular shipping charges.
In case of breach of the guaranteed SLA, EKART Courier will refund such additional fees levied and as a token of apology pay-out an additional amount equal to the additional fees levied. To clarify, in case of a breach, EKART Courier will pay-out double the additional fees levied to the Shipper.
Exceptions: Note that major regional or national calamities whether natural or man-made, or massive delays due to factors beyond EKART Courier’s control will not result in invocation of refund of the additional fees. To its best ability, EKART Courier will try and stop offering such guaranteed services whenever it has reasonable foresight of such significant delays.
Other than services for which an additional shipping charge has been levied and paid for by the Shipper, no amounts are payable to the Shipper in any case.
This Website is controlled and operated by Instakart. All material on this Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Any material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.