ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS AND CONDITIONS") CAREFULLY BEFORE ACCESSING GOEX WEBSITE WWW.GOEX.IN (“WEBSITE”) OR THE GOEX BUSINESS SOFTWARE (“SOFTWARE”). ACCESSING THE WEBSITE OR THE SOFTWARE INDICATES THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS. HOWEVER, IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE OR THE SOFTWARE. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE WEBSITE, THE SOFTWARE, AND ANY CONTENT SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, AUDIO, VIDEO OR PHOTOGRAPHS ETC. (“MATERIALS”) THAT GoEx Freight Solutions Pvt. Ltd. (“GOEX”) AND/OR ITS SUBSIDIARIES OR AFFILIATES MAY MAKE AVAILABLE THROUGH THE WEBSITE OR THE SOFTWARE AND ANY SERVICES THAT GOEX MAY PROVIDE THROUGH THE WEBSITE OR THE SOFTWARE. THE WEBSITE, SOFTWARE, MATERIALS, AND SERVICES ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE "GOEX WEBSITES".
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder, as applicable and amended from time to time, 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.
Usage of the Website or the Software shall be construed as your consent for receiving calls including marketing and promotional calls, autodialed and/or pre-recorded messages, from GoEx at any time, on the telephone number / contact information that may be provided by you. You hereby unconditionally consent that such communications via SMS and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
You hereby agree and undertake to indemnify GoEx against all types of claims, losses and damages incurred by GoEx due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you with respect to the intimations mentioned above or due to a wrong number or email-ID being provided by you for any reason whatsoever.
Except as set forth in the section titled "Other agreements; software, services or access" below, GoEx authorizes you to use GoEx Websites or view and/or download Materials only for your own personal, non-commercial purposes. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. Use of the GoEx Websites or Materials for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. You may not modify, reproduce, publicly display, publicly perform, or otherwise distribute the Materials on the Website and the Software. As between you and GoEx, GoEx owns the GoEx Websites. The GoEx Websites are protected under Indian and international copyright laws. Any unauthorized use of the GoEx Websites may violate copyright, trademark, and other national or international laws.
You agree not to use the GoEx Websites (including, without limitation, any Materials or Services you may obtain through your use of the GoEx Websites):
You further agree not to:
GoEx reserves the right to modify, suspend, or discontinue the GoEx Websites at any time without notice to you. For example, GoEx may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and GoEx makes no commitment to update the Materials and Services whatsoever. Information published on the Website and the Software may refer to products, programs, or services that may not be available in your country. You may consult your local GoEx business contact for information regarding the products, programs, and services that may be available to you.
Certain areas of the GoEx Websites may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a "User Submission"). By submitting a User Submission, you grant to GoEx an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub-licensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that GoEx deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). GoEx reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. GoEx may also disclose your name in its clients’ list/credentials for reference purposes. GoEx may, but is not obligated to, pre-screen User Submissions or monitor any area of the GoEx Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. GoEx is not required to host, display, or distribute any User Submissions on or through the GoEx Websites and may remove at any time or refuse any User Submissions for any reason. GoEx is not responsible for any loss, theft, or damage of any kind to any User Submissions. GoEx does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that GoEx will be free to disclose your User Submission to any third party without any obligation of confidence on the part of the recipient. GoEx does not guarantee that you will have any recourse through GoEx or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
Links on the GoEx Websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the GoEx Websites. GoEx is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, GoEx does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the GoEx network, you do this entirely at your own risk.
You may create links to the Website or the Software from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Without GoEx's written authorization otherwise, a website that links to the Website or the Software:
GoEx logos and any other logos and marks used on the Website and the Software (“Logos”) are trademarks that belong to GoEx Freight Solutions Pvt. Ltd.
You may use the abovementioned trademarks, in text, to refer fairly and accurately to GoEx, its products and its services, subject to the guidelines below:
Trademark Use by Authorized GoEx Partners and Licensees
GoEx General Trademark Guidelines
The following general trademark guidelines are intended for use by persons, companies or entities who/that are authorized users of GoEx's trademarks, including for example GoEx's partners, licensees, alliances and authorized resellers under contract with GoEx.
GoEx respects the intellectual property rights of others. Accordingly, GoEx has a policy of removing User Submissions that violate copyright law, suspending access to the GoEx Websites (or any portion thereof) to any user who uses the GoEx Websites in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the GoEx Websites in violation of copyright law. If you believe your copyright or other intellectual property right is being infringed by a user of the GoEx Websites, please provide written notice to the following GoEx officer for notice of claims of infringement:
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow GoEx to locate that material; (d) contain adequate information by which GoEx can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to GoEx’s designated agent, as they will be deleted upon receipt.
You agree to indemnify, defend, and hold harmless each of the GoEx Parties (as defined below) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms and Conditions. GoEx reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with GoEx's defence of such claim.
When you visit the Website, use the Software or send e-mails to GoEx, you are communicating with GoEx electronically. GoEx may respond to you by e-mail or by posting notices on the Website or the Software. You agree that all such notices, disclosures, and other communications that GoEx provides to you electronically satisfy any legal requirement that such communications be in writing.
The Website and the Software may be subject to limitations, delays, outages, and other problems that are inherent in the use of the internet, software and other electronic communications. GoEx is not responsible for such delays, failures, or other damages that result from such problems.
Except as set forth in "Other agreements; software, services or access", below, GoEx may terminate, suspend, or modify your registration with, or access to, all or part of the GoEx Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the GoEx Websites at any time. In case, you wish to stop availing of SMS/E-mail services, you may do so by sending an e-mail to email@example.com. If you breach any of these Terms and Conditions, your authorization to use the GoEx Websites automatically terminates and you must immediately destroy any downloaded or printed Materials and any copies thereof.
THE GOEX WEBSITES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE GOEX WEBSITES ARE WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT GOEX, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. GOEX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE GOEX WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GOEX MAKES NO WARRANTY THAT THE GOEX WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE GOEX WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE GOEX WEBSITES WILL BE CORRECTED. GOEX MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GOEX WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE GOEX WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE GOEX WEBSITES OR FROM GOEX, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "GOEX PARTIES") SHALL CREATE ANY WARRANTY. GOEX DISCLAIMS ALL EQUITABLE INDEMNITIES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE GOEX WEBSITES IS DONE ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. GOEX SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES
GOEX SHALL NOT BE LIABLE FOR ANY THIRD PARTY WEBSITES, PRODUCTS, SERVICES AND OTHER CONTENT. THE ADVERTISEMENTS WHICH MAY BE AVAILABLE ON E-MAILS OR GOEX WEBSITES WITH RESPECT TO THE THIRD PARTY WEBSITES, PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
GOEX SHALL NOT BE LIABLE FOR DELAYS OR INABILITIES IN PERFORMANCE OR NON-PERFORMANCE IN WHOLE OR IN PART OF GOEX’ OBLIGATIONS DUE TO ANY CAUSES THAT ARE NOT DUE TO ITS ACTS OR OMISSIONS AND ARE BEYOND ITS REASONABLE CONTROL, SUCH AS ACTS OF GOD, FIRE, STRIKES, EMBARGO, ACTS OF GOVERNMENT, ACTS OF TERRORISM, CLIMATIC CONDITIONS, LABOUR UNREST, INSOLVENCY, BUSINESS EXIGENCIES, GOVERNMENT DECISIONS, CHANGE OF LAWS, OPERATIONAL AND TECHNICAL ISSUES, ROUTE ISSUES, ACTS OF THIRD PARTIES OR OTHER SIMILAR CAUSES AND PROBLEMS.
IN NO EVENT WILL ANY OF GOEX PARTIES BE LIABLE FOR (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF INDIAN RUPEES ONE THOUSAND (INR 1,000) (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF GOODS, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH GOEX WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF GOEX WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY GOEX PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
SUBJECT TO APPLICABLE LAW, USE OF GOEX WEBSITES IS AT YOUR SOLE RISK. THE SERVICES AND PRODUCTS MADE AVAILABLE ON GOEX WEBSITES ARE SUBJECT TO CONDITIONS IMPOSED BY GOEX, INCLUDING BUT NOT LIMITED TO TARIFFS, CONDITIONS OF CARRIAGE AND GOVERNMENT REGULATIONS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any of GoEx Parties 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 such party’s liability shall be the minimum permitted under such applicable law.
GoEx may provide the Services or access to GoEx Websites under the terms of a separate agreement between you and GoEx (each, an "Other Agreement"). GoEx's obligations with respect to any service that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms and Conditions shall not be deemed or construed to alter the terms of such Other Agreements.
For example, the use of any software that is made available to download from the GoEx Websites is governed by these Terms and Conditions and/or the terms of the end user license agreement, if any, which accompanies or is included with such software ("License Agreement"). You may not install any such software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with such software, then such software shall be deemed to be Materials hereunder and these Terms and Conditions shall govern your use of such software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SUCH SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.
These Terms and Conditions, together with any additional terms to which you agree when using particular elements of the GoEx Websites, constitute the entire and exclusive and final statement of the agreement between you and GoEx with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and GoEx with respect to such subject matter. GoEx Parties are third party beneficiaries with respect to the provisions in these Terms and Conditions that reference them. These Terms and Conditions and the relationship between you and GoEx shall be governed by the laws of the India as applied to agreements made, entered into, and performed entirely in India, notwithstanding your actual place of residence. All disputes arising from or relating to these Terms and Conditions or your use of the GoEx Websites shall be brought in the courts of [•], and you hereby irrevocably submit to the exclusive jurisdiction of such courts for such purpose. The failure of GoEx to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of GoEx and you as reflected in the provision, and that the other provisions of these Terms and Conditions remain in full force and effect. The Clause titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions shall remain in full force and effect notwithstanding any termination of your use of the GoEx Websites. These Terms and Conditions will be interpreted without application of any strict construction in favour of or against you or GoEx. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GoEx without restriction.
GoEx may, in its sole and absolute discretion, change these Terms and Conditions from time to time. GoEx will post notice of such changes on the Website or the Software. If you object to any such changes, your sole recourse shall be to cease using the GoEx Websites. Continued use of GoEx Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms and Conditions may be superseded by expressly-designated legal notices or terms located on particular pages of the GoEx Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and Conditions and to supersede the provision(s) of these Terms and Conditions that are designated as being superseded.